Professional Documents
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(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
******
North Block, New Delhi
Dated 17 th August, 2016
OFFICE MEMORANDUM
June, 1965,
2.1.1 As per the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17 th
the resignation is treated as a technical formality where a Government servant has applied
through proper channel for a post in the same or some other Department, and is on selection,
required to resign the previous post for administrative reasons. The resignation will be treated
as technical resignation if these conditions are met, even if the Government servant has not
mentioned the word "Technical" while submitting his resignation. The benefit of past service,
under rules, may be given in such cases. Resignation in other cases
if otherwise admissible
including where competent authority has not allowed the Government servant to forward the
application through proper channel will not be treated as a technical resignation and benefit
of past service will not be admissible. Also, no question of benefit of a resignation being
ad hoc basis.
treated as a technical resignation arises in case of it being from a post held on
2.1.2 This benefit is also admissible to Government servants who have applied before
joining the Government service and on that account the application was not routed through
proper channel. The benefit of past service is allowed in such cases subject to the fulfillment
of the following conditions:
(
(ii)
(iii)
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(i)
(ii)
In terms of Rule 9(2) of the CCS (Leave) Rules, 1972, technical resignation shall
not result in the lapse of leave to the credit of the Government servant. The
balance of unutilized Child Care Leave(CCL) as well as all other leaves of the
kind due & admissible will be carried forward.
As per rule 39-D of the CCS(Leave) Rules,1972, in case of permanent absorption
in PSUs/ Autonomous Bodies/ State Government etc., the Government servant
shall be granted cash equivalent of leave salary in respect of EL & HPL at his
credit subject to overall limit of 300 days.
Pay Protection, eligibility of past service for reckoning of the minimum period
for grant of Annual Increment
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In cases where Government servants, who had originally joined government service
prior to 01.01.2004, apply for posts in the same or other Departments and on selection they
are asked to tender technical resignation, the past services are counted towards pension if
if the
(ension) ules
6
new post is in a pensionable establishment terms of Rule 2(2) of CCS 2 even
19P7 R t hey
dederthe CCS(Pens ion) Rules,
1972. They will thus continue to be covereun
join the new post after 1.1.2004.
(Department of Pension & Pensioners Welfare's 0.M.No.28/30/2004 -P&PW(B)
dated 26.07.2005)
2.8 New Pension Scheme
As per SR- 198, the Service Book is to be maintained for a Government servant from
the date of his/her first appointment to Government service and it must be kept in the custody
of the Head of Office in which he is serving and transferred with him from office to office.
2.10 Need for Medical examination.
In cases where a person has already been examined by a Medical Board in respect of
his previous appointment and if standard of medical examination prescribed for the new post
is the same, then he need not be required to undergo a fresh examination.
2.11 Verification of Character & Antecedents
In the case of a person who was originally employed in an office of the Central
from his previous office and
Government, if the period intervening between date of dischargeit woul
sufficient if the
than a year,
the date of securing a new appointment, is less
appointing authority, before making the appointment, satisfies itself by a reference to the
office in which the candidate was previously employed that (a) that office have verified his
character and antecedents; and (b) his conduct while in the employ in that office did not
render him unsuitable for employment under Government. If however, more than a year has
lapsed after the discharge of the person from his previous office, verification should
2nd
dated be
carried out in full/afresh, in accordance with 0.M.No.18011/9(s)/78-Estt(B)
July,1982.
3.1 Lien
who have been promoted on regular basis to a higher post where no probation is
prescribed under the rules, as the case may be.
3.1.2 The abght will, however, be subject to the condition that the junior-most
ove ri
person in the cadre will be liable to be reverted to the lower post/service/cadre if at
than the posts available in that
ersons so entitled is more
any time the number of p
cadre/service.
(DOPT' s 0.M.No.18011/1/86-Estt (D) dated 28.03.1998)
3.2 Lien on a post
A Government servant who has acquired a lien on a post retains a lien on that post-
(a)
(b)
(c)
Government
ermanent Government servant appointed in another Central Government
ign from his parent department
has to resign
(i) A p
Department/Office/
State
Government,
reverts to that department within a period of 2 years, or 3 years in
unless
he cases. An undertaking to abide by this condition may be taken from him
exceptional
at the time of forwarding of his application to other departments/offices.
(ii)
The exceptional cases may be when the Government servant is not confirmed in the
p
de
artment/office
where he has joined within a period of 2 years. In such cases he
may be permitted to retain the lien in the parent department/ office for one more year.
While granting such permission, a fresh undertaking similar to the one indicated
above may be taken from the employee.
f the
(iii) Timely action should be taken to ensure extension/ reversion/ resignation o years.
c
employees to their parent cadres on completion of the presribed
period o
suitable
In cases, where employees do not respond to instructions,
initiated against them for violating the agreement/ undertaking given by them as per
(i) and (ii) above and for termination of their lien. Adequat e opportunity may,
however, be given to the officer prior to such consideration.
with the
(iv) Temporary Government servants will be required to severe connectionsretained i
Government in case of their selection for outside posts. No lien will be n
such cases.
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To
All Secretaries of Ministries / Departments.
Copy to
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